Tourism Whistler and SurfStitch – Win a trip for 2 to Whistler, Canada valued at $11,985

Tourism Whistler and SurfStitch Competition “Win A Trip For Two To Whistler” – Conditions of Entry

1. Introduction

The Promoter of the Tourism Whistler and SurfStitch Competition (Win A Trip For Two To Whistler) is SurfStitch Pty Limited (ABN 65141251443) of 225 Burleigh Connection Road, Burleigh Heads QLD 4220 (Promoter).

Information on how to enter and the prize(s) form part of these Terms and Conditions. Entry into and participation in the Competition is subject to these Conditions of Entry. By submitting an entry into the Competition, individuals acknowledge that they have read and understood and agree to be bound by these Conditions of Entry.

The Promoter and related bodies corporate (as defined in the Corporations Act 2001 (Cth), agents, representatives and licensors and any persons authorised by such entities (including any sponsors or agents of the Competition) that are listed on https://www.surfstitch.com/offers/win-a-trip-to-whistler-2018.html (or otherwise specified by the Promoter from time to time) will be referred to individually and collectively as SurfStitch in these Conditions of Entry. The primary website address for the Competition is https://www.surfstitch.com/offers/win-a-trip-to-whistler-2018.html. This, and all associated SurfStitch webpages or sites linked to it (including any related mobile phone messages or material), are referred to in these Conditions of Entry as the Website.

2. Who is eligible to enter?

The Tourism Whistler and SurfStitch Competition is open to individuals (Eligible Persons) who:

are citizens or permanent residents of Australia;
are at least 18* years of age at the commencement of the Competition Entry Period;
hold a valid passport and are not barred from entry into Canada,
hold or are able to obtain before the travel period a valid visa granting them access to Canada,
are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of SurfStitch or any sponsor associated with the Competition. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin; or
do not have any criminal convictions.

*While the Tourism Whistler and SurfStitch Competition is open to all individuals over the age of 18 years of age at the commencement of the Competition Entry Period, to claim the prize, at least one of the two (2) adults who redeem the prize together, must be 21 years of age or older at the time of travel.

By entering the Competition, Eligible Persons authorize the Promoter to conduct any police checks deemed necessary by the Promoter in its sole discretion to ensure an entrant is an Eligible Person.

3. How to Enter

In order to enter the Competition, individuals (an Entrant) must take the following steps during the competition period (00:00 Australian Eastern Standard Time (AEST) Sunday 5th August, 2018 – 23:59 AEST Saturday 15th September, 2018):

The Entrant must enter via this URL: https://www.surfstitch.com/offers/win-a-trip-to-whistler-2018.html. The Entrant will need to enter their first and last name as well as their email address, gender, State of residence, and phone number.
The entrant must agree to have read the Terms & Conditions of entry, and agree to join the SurfStitch database to receive electronic communication. It is optional to sign up to the Tourism Whistler database to receive electronic communication.
To complete their entry, the Entrant will need to click “Continue”. After completing their entry, the entrant will be taken to another tab where he/she can gain more entries by entering with Facebook, by entering with Instagram and by entering with Twitter
The entrant can also gain extra entries by sharing the competition with their friends via Email, Facebook, Twitter, Google+ or LinkedIn. Each time the Entrant shares the competition and a friend enters using the Entrant’s shared link, they will receive an additional entry into the competition.

The Promoter reserves the right, at any time, to disqualify any Entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. If an Entrant fails to provide such evidence or undergo a probity check within a reasonable time, or if an Entrant provides false, misleading or inaccurate information, the Promoter may disqualify the Entrant from the Competition. Entries with any errors and omissions may be accepted, rejected, amended or corrected at the Promoter’s and/or the Agent’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Entrants must also inform the Promoter if they have or receive any criminal convictions, in which case the Promoter may reject or disqualify their Entry in the Promoter’s sole discretion.

Entrants acknowledge that their personal details will be stored and used by the Promoter in accordance with SurfStitch’s applicable Privacy Policy, which is available at https://www.surfstitch.com/privacy-policy/privacy-policy.html . Entrants acknowledge that their personal details will also be stored and used by all suppliers of prizes in accordance with the applicable supplier privacy policies. Entrants must bear their own costs and expenses associated with the preparation and participation in the Competition, including any cost associated with accessing the Website, unless otherwise specified on the Website or in these Conditions of Entry, or agreed by the Promoter in advance in writing.

If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.

4. Determination of Winners

The winner of the prize will be randomly selected. The random selection will be barrel drawn and skill plays no part in determining the winner of this promotion.

The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries/votes submitted by that Entrant invalid.

All Prizes are accepted at the Winner’s and/or companion’s risk (as applicable) and the Promoter (and its Prize and Competition suppliers) each exclude all warranties in connection with the Prizes, to the extent permitted by law. The Winners are responsible for any taxes payable as a result of a Prize being awarded or received.

Details of all Prizes will be determined by the Promoter, in its sole discretion and the Promoter reserves the right to substitute alternative Prizes, subject to relevant regulatory approval. Prizes are not transferable or exchangeable and, except as substituted by the Promoter, cannot be taken in any other form, including cash.

The prize draw will take place at Level 2, 11 York Street, Sydney NSW 2000 at 2:00 PM QLD Time on Monday 17th September 2018. The prize draw will be announced on https://www.facebook.com/surfstitchaustralia/ on Thursday 20th September, 2018.

The winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. If the winner does not accept the prize within a period of three (3) months by 2:00PM QLD time on the 17th December, 2018 a re-draw will take place at Level 2, 11 York Street, Sydney NSW 2000 on 17th December 2018 at 3:00PM QLD time. The new winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. The prize draw will be announced on https://www.facebook.com/surfstitchaustralia/ on December 20th 2018.

The first valid entry drawn will win a trip for two (2) adults to Whistler, Canada. At least one of the two (2) adults to claim the prize must be 21 years of age or older at the time of travel. Prize is for one (1) winner and one (1) travel companion and must travel on the same itinerary. Prize is valued at $11,985 AUD. Prize winner must take the trip between the dates November 26th, 2018 – April 15th, 2019, or the prize will be forfeited, subject to approval from relevant regulatory authorities.

The prize pack includes:

Round-trip coach air transportation up to the value of AUD $3,553 total, for two (2) people, from the major Australian city airport nearest to the Grand Prize winner’s residence (Sponsor’s choice) to Vancouver, British Columbia, Canada;
Round-trip transportation, for two (2) people between Vancouver International Airport and Whistler courtesy of Pacific Coach Lines, valued at AUD $244;
Seven (7) night’s accommodation in a dual occupancy room at Westin Resort & Spa, valued at AUD $4,264;
Two (2) adult 2-day lift tickets to Whistler Blackcomb, valued at AUD $751;
One (1) snowmobile adventure for two (2) adults with The Adventure Group, valued at AUD $384;
One (1) bobsleigh or skeleton ride for two (2) adults with Whistler Sliding Centre, valued at AUD $363;
One (1) steep skiing clinic or snowboard freeride camp for two (2) adults with Extremely Canadian, valued at AUD $1,020;
Two (2) Scandinave baths passes valid at Scandinave Spa Whistler, valued at AUD $142;
Two (2) passes to the Audain Art Museum, valued at AUD $40;
Dining experience for two (2) at Earls Kitchen + Bar Whistler, valued at AUD $173;
Lunch at Peaked Pies, valued at AUD $51
SurfStitch eGift Card, to the value of $1,000

As at June 4th 2018 maximum Prize value for the Prize Package is AUD $11,985. The Promoter accepts no responsibility for any variation in the Prize value.

Prize Conditions

In order to redeem the prize, at least one of the two adults to claim the prize must be 21 years of age or older at the time of travel.

Accommodation and activities are all subject to availability dependent on dates selected. The following blackout periods apply and trip cannot be redeemed between the periods December 22nd 2018 – January 5th 2019, and February 16th 2019 – February 23rd 2019. Minimum length of stay restrictions may apply.

The Prize must be taken in full during the period November 26th 2018 – April 15th 2019, or the prize will be forfeited, subject to approval from relevant regulatory authorities. If a winner is unable to travel within the period November 26th 2018 – April 15th 2019 then an alternative winner will be selected.

The Grand Prize Winner and guest must travel on same itinerary.

The Grand Prize Winner will not receive any compensation if actual retail value of trip is less than projected approximate retail value. Tourism Whistler and reserves the right to substitute the Grand Prize in whole or in part in the event that all or any component of the Grand Prize is unavailable, with a Grand Prize or Grand Prize component of equal or greater retail value. The Grand Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner only. All prizes are subject to availability at the time of booking as well as weather conditions and may be limited, particularly on weekends and statutory holidays.

No monetary compensation will be offered for if less than two (2) adults travel. All expenses not specified in these Terms & Conditions, including without limitation, meals, taxes, gratuities, incidentals (such as phone, internet, laundry etc.), any expenses related to visas, pre- and post-travel arrangements, airport transfers, and other expenses, are the Grand Prize Winner’s (and guests) sole responsibility. Activities are subject to availability, operating times and weather conditions. Prize winner and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point as the Prize originates and terminates there.

Any expenses not specifically mentioned above as part of the Grand Prize shall be the sole responsibility of the winner. The Grand Prize does not include any expenses related to visas, meals, drinks, pre- and post-travel arrangements, airport transfers, incidentals (phone, internet, laundry etc.), gratuities, or any applicable taxes, which are the sole responsibility of the winner.

Once booked, changes are not permitted.. All flight bookings must be held and confirmed by the airline.

The winner and companion must purchase their own travel insurance.

This prize flight tickets must be taken as offered and cannot be sold, bartered or exchanged for cash. Once the tickets are issued changes are not permitted. In the event of a no-show, tickets may not be changed or reissued. Bookings to be held and confirmed are subject to availability. It will remain the responsibility of the winner and their travelling companion to ensure they hold valid passports and visas for travel to Canada.

Flights are subject to the fare rules and General Conditions of the carrier airline. The Winner is responsible for the payment of any applicable airline excess baggage fees or other fees, taxes and surcharges. The Winner and their guest will not be entitled to accrue frequent flyer points on the travel or accommodation. The Promoter and The Partners are not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the Winner. All ticketing is electronic and paper tickets will not be issued.

Flights are from the major Australian city nearest to the winners residence (sponsors choice). The winner and guest will need to make and pay for their own way to the departure point. The winner and their guest must depart from and return to the same departure point and travel together. Airport transfers are not included for the outbound flights from Australia.

Notwithstanding the above, SurfStitch and Tourism Whistler reserves the right to offer the winner a prize alternative to the prize originally awarded and accepted which, with the winners written consent, shall replace the original prize, equal to or greater in value than the original prize.

Any extension to the duration of the Prize is at the Winner’s sole expense and subject to availability at the time of booking.

Additional spending money, meals, alcohol, taxes, gratuities/tips, insurance, passports, travel documents, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, additional accommodation other then what is outlined above, in-room charges and all other ancillary costs are not included in any prize.

Final itineraries must be confirmed as acceptable by the Promoter in its absolute discretion.

Winners may be required to present their credit card at time of accommodation check in for security purposes. If for any reason a winner does not take a prize (or an element of its prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash, subject to relevant regulatory authority approval.

Prizes are subject to the standard terms and conditions of individual prize and service providers.

It will remain the responsibility of the winners to ensure they redeem the AUD$1,000 eEGift Card by the expiry date. The Promoter is not responsible for the expiry of any unused amount left on the eEGift Card

The SurfStitch eEGift Card is subject to following standard eEGift Card terms and conditions of the Promotor (SurfStitch Pty Limited) and the following rules must be adhered to:

The EGift Card Number must be entered and used within the payment page;
The EGift Card must be used prior to the EGift Card’s expiration date;
The eGift Card cannot be used in conjunction with any other promo code offer;
The eGift Card cannot be used to purchase – EGift Cards and Gift wrap.
Should The Customer return items bought with the use of the EGift Card SurfStitch will, at SurfStitch’s discretion – Issue a refund by way of credit to their eGift Card up to the value of the eGift Card amount redeemed, and by regular refund for the value exceeding the value of the eGift Card, should the returns be received prior to the eGift Card expiry date; or issue no refund should the returns be received after the eGift Card expiry date, except where the refund amount exceeds the value of the eGift Card, in which case they will be refunded the difference between the total refund amount due and the value of the eGift Card.

In order to redeem your eGift Card, you must use the SurfStitch checkout by selecting “Proceed to Checkout” in the cart; “PayPal” checkout will bypass the eGift Card redemption page

In the event of war, civil unrest, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize. If the winner cannot participate in the activities provided by the relevant operator while they are at the Prize destination, the activities will then be forfeited, subject to approval from the relevant regulatory authorities.

If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to approval from the relevant regulatory authorities.

The Winner and any guest must, as a condition of accepting the prize:

make themselves available during the dates outlined in these Conditions of Entry;
be willing and able to travel to the location outlined in these Conditions of Entry;
purchase travel insurance that provides total cover and full medical evacuation;
submit medical information to the Promoter promptly upon reasonable request, and submit to any reasonable medical examinations or probity or background checks that may be necessary to establish that the Winner and any guest is able to travel to the locations described in the relevant Prize(s); and
sign the Promoter’s:
deed of release in relation to the use of their names and images for promotional purposes; and
deed of indemnity and exclusion of liability.

6. Winner and any companion conduct

Winner and any guest must not:

hold themselves out as or otherwise represent that they are an agent of SurfStitch or any supplier of the prizes or otherwise affiliated with SurfStitch, Tourism Whistler,or any supplier of the Prize (Promoter Associates) except as expressly provided for in the Agreement; or
bring SurfStitch or Promoter Associates into disrepute or make any disparaging comments about any of them in relation to the Competition.

The winner and any guests must at all times behave appropriately and in accordance with the law when taking part in the Competition and observe these Conditions of Entry. If winner or any guest breaks any of these obligations, the Promoter reserves the right, in its sole discretion to eliminate the winner from the Competition and/or remove the winner and any guest from any location at which they are located when participating in the Competition and/or prize.

7. General rules of the Competition

The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.

The Promoter will not be responsible for any problems or technical malfunction of any online computer systems, servers or providers, computer equipment, software or failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or any mobile network.

8. Our liability to Entrants

Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter Entities and Promoter Associates.(a) have no responsibility in relation to participation in the Competition or the preparation of an Entry and Entrants will bear all risks associated with their participation in the Competition. Further, Promoter and each Promoter Associate will have no liability to an Entrant whatsoever if an Entrant is prevented or unable to attend or take part in the Competition for any reason;

maximum aggregate liability under or in relation to these Conditions of Entry or the Competition, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AU$20,000; and
is not responsible for and excludes all liability (including negligence) for, and no measure of damages payable by SurfStitch or any Promoter Associate will, under any circumstances, include:

special, direct, indirect, consequential, incidental, special or punitive damages; or
damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

arising in any way out of:

any technical difficulties or equipment malfunction (whether or not under the Promoter’s or any Promoter Associate’s control);
any theft, un-authorised access or third party interference;
any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter or any Promoter Associate;
any variation in prize value to that stated in these Conditions of Entry;
any tax liability incurred by a winner or Entrant; or
use of a prize.

9. Entrants’ liability to the Promoter

Without limiting any other rights the Promoter may have under these Conditions of Entry or otherwise, Entrants agree to defend, indemnify and hold the Promoter and the Promoter Associates and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including reasonable legal and accounting fees, arising in connection with:

any breach by an Entrant of these Conditions of Entry;
any negligent, fraudulent or unlawful act or omission by an Entrant; or
the infringement or alleged infringement of a third party’s intellectual property rights, moral rights or other rights or breach of confidence arising directly or indirectly from the use of any material in accordance with these Conditions of Entry.

10. General matters

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, un-authorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:

to disqualify any entrant; or
to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to the relevant regulatory authority approval.

Nothing in these Conditions of Entry is intended to, or will be construed as, creating a relationship of employer and employee, principal and agent, joint venture or partnership between an Entrant and SurfStitch.

If any part of these Conditions of Entry is held to be invalid or unenforceable, only that part will be amended or severed to the extent of any invalidity without affecting the validity of the remaining provisions.

These Conditions of Entry are governed by the law in force in the State of Queensland, Australia, and any other relevant regulatory authorities and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia any other relevant regulatory authority and courts of appeal from them for determining any dispute concerning these Conditions of Entry.

Any provisions of these Conditions of Entry which by their nature survive termination or expiry of these Conditions of Entry will survive termination or expiry of these Conditions of Entry.

If a party does not act in relation to a breach by the other party of these Conditions of Entry, this does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

These Conditions of Entry constitute the entire agreement between the Promoter and an Entrant in relation to the Competition and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Promoter and an Entrant in relation to the Competition.

The words ‘including’, ‘such as’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.

The Promoter may notify an Entrant via any of the contact details the Entrant supplies as part of their Entry. An email sent to Entrants will be regarded as given and received 24 hours after the email was sent, unless the Promoter receives notification that the email was not delivered.

The Promoter holds all agreements, covenants and undertakings expressed to be on behalf of any Promoter Associate on trust for that Promoter Associate.

Notwithstanding any other provision in these Terms and Conditions, the Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and any prize suppliers may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

SurfStitch Pty Limited (ABN 65141251443)

ACT Permit: ACT TP 18/01289

NSW Permit: LTPS/18/26031

SA Permit: T18/1182

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.